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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 24, 2013, the Plaintiff entered into a contract with the Defendant for the construction of the three-story D D (hereinafter “instant theater”) among the buildings located in Seongbuk-gu, Sungnam-si (hereinafter “instant theater”) for the construction cost of KRW 137,00,000 (including value-added tax) and for 49 days from the date of the construction period contract (hereinafter “instant construction contract”). The said construction contract was concluded on the basis of both the design changes and the design drawings that were published on the same day by applying both the design changes and the owner’s request during construction.
B. A detailed statement of the instant construction contract was indicated as KRW 126,354,200, the construction cost, excluding value-added tax, was indicated as KRW 250,000, KRW 3090,000, KRW 3090,000, KRW 3090,000, KRW 15,350,000, KRW 4,750,000, KRW 6750,000, 6750,000, 7, 5,243,000,000, 3,51,440,000,000,000,000, including wooden materials, subsidiary materials, dustproof materials, and soundproof parts. The aforementioned wooden was composed of KRW 1,570,00,000,000, KRW 1,570,000,000,00.
C. After the Defendant completed the instant construction, the Plaintiff resisted the occurrence of noise and vibration at the restaurant located on the lower floor below the above theater, and the Plaintiff raised an issue of this issue to the Defendant. On September 25, 2013, the Defendant requested E to perform the construction of the stage part of the instant theater, which was costed KRW 4 million, after requesting E to perform the construction of the stage part of the instant theater.
On November 20, 2014, the Plaintiff entered into a contract with F to enter into a cost of KRW 31,123,000 (excluding value-added tax) for soundproof and proof construction works in the instant theater (hereinafter “instant soundproof and proof construction”) and paid KRW 34,235,300 of the said construction amount to F after the completion of all of the said construction works.
Grounds for recognition: A, 2, 7, A8-1-3, A9, 10, A11-1-9, and 9.